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september 1969

Supreme Court of India · 1969-09-12

MUNNI DEVI & ANR. vs GOKAL CHAND & ORS.

Citation / case number
SC 1966/60282
Court
Supreme Court of India
Petitioner
MUNNI DEVI & ANR.
Respondent
GOKAL CHAND & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 7(2) and Section 16 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, the District Magistrate's determination of vacancy is not conclusive and can be challenged in civil court if jurisdictional facts are incorrectly decided. The Court ruled that the respondent's suit for declaration of tenancy was maintainable, as the District Magistrate's erroneous decision did not confer him jurisdiction. The appeal was dismissed, affirming the lower courts' decisions.

MUNNI DEVI & ANR. vs GOKAL CHAND & ORS. · Niyam